Military recruiters told they can accept openly gay applicants

The Pentagon says given the ruling, recruiters can accept gay and lesbian candidates

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Washington (CNN) -- The Pentagon has advised recruiting commands that they can accept openly gay and lesbian recruit candidates, given the recent federal court decision that bars the military from expelling openly gay service members, according to a Pentagon spokeswoman.

The guidance from the Personnel and Readiness office was sent to recruiting commands on Friday, according to spokeswoman Cynthia Smith.

The recruiters were told that if a candidate admits he or she is openly gay, and qualify under normal recruiting guidelines, their application can be processed. Recruiters are not allowed to ask candidates if they are gay as part of the application process.

The notice also reminded recruiters that they have to "manage expectations" of applicants by informing them that a reversal of the court decision might occur, whereby the "don't ask, don't tell" policy could be reinstated, Smith said.

Later Tuesday, U.S. District Court Judge Virginia Phillips in California denied the government's request for an emergency stay of her order barring the military from enforcing its ban on gay men and lesbians serving openly. The government is now expected to go to the Ninth Circuit Court of Appeals in San Francisco.

Groups representing gays and lesbians have warned against coming out to the military because the policy is still being appealed in courts.

One group, the Servicemembers Legal Defense Network, sent a statement out Tuesday reiterating the concern.

"During this interim period of uncertainty, service members must not come out and recruits should use caution if choosing to sign up," said SLDN Executive Director Aubrey Sarvis in the statement. "The bottom line: if you come out now, it can be used against you in the future by the Pentagon."

Former Army Lt. Daniel Choi, an Iraq war combat veteran who challenged "don't ask, don't tell" and was discharged, moved to rejoin the military Tuesday afternoon. "I'm here because I want to serve my country," he said.

"In the recruiting station. Apparently I'm too old for the Marines!" he said in a tweet. "Just filled out the Army application."

Choi said he told recruiters he was gay and that there was no reaction or delay in the enlistment process. He indicated he would complete his paperwork Wednesday and that he did not care what rank he would assume.

Will Rodriguez-Kennedy, president of Log Cabin Republicans' San Diego, California, office, tried Tuesday afternoon to be reinstated by the Marines.

"Once a Marine, always a Marine," said Rodriguez-Kennedy, a corporal who was honorably discharged in February 2008.

He served three years of a four-year term. "It's a feeling of not having completed a full tour," he said.

Recruiters told him Tuesday there were no current slots and they would call him in January, Rodriguez-Kennedy told CNN. One option is to join another branch of the service, but Rodriguez-Kennedy said he might now speak with Marine officers or get legal help.

Reinstatement would allow him to keep the corporal rank and resume benefits.

Rodriguez-Kennedy, 23, served as a provisional military police officer in Iraq in 2007. He said he was open to new responsibilities. "I love the Marine Corps," he told CNN.

CNN called several recruiting stations in New York and Chicago. They referred inquiries to the Pentagon.